court martial


Also found in: Dictionary, Thesaurus, Encyclopedia, Wikipedia.

court martial

a court held to try matters of MILITARY LAW. Made up of serving officers advised by a judge advocate, its sentences are subject to confirmation by higher military authority. There is an appeal tribunal headed up by the Lord Chief Justice.

COURT MARTIAL. A court authorized by the articles of war, for the trial of all offenders in the army or navy, for military offences. Article 64, directs that general courts martial may consist of any number of commissioned officers, from five to thirteen, inclusively; but they shall not consist of less than thirteen, where the number can be convened, without manifest injury to the service.
     2. The decision of the commanding officer who appoints the court, as to the number that can be convened without injury to the service, is conclusive. 12 Wheat. R. 19. Such a court has not jurisdiction over a citizen of the United States not employed in military service 12 John. R. 257. It has merely a limited jurisdiction, and to render its jurisdiction valid, it must appear to have acted within such jurisdiction. 3 S. & R. 590 11 Pick. R. 442; 19 John. R. 7; 1 Rawle, R. 143.
     3. A court martial must have jurisdiction over the subject matter of inquiry, and over the person for a want of these will render its judgment null, and the members of the court and the officers who execute its sentence, trespassers. 3 Cranch, 331. See 5 Wheat. 1; 12 Wheat. 19; 1 Brock. 324. Vide Gord. Dig. Laws U. S., art. 3331 to 3357; 2 Story,. L. U. S. 1000; and also the Treatises of Adye, Delafon, Hough, J. Kennedy, M. V. Kennedy, McArthur, McNaghten, Simmons and Tyler on Courts Martial; and 19 John. R, 7; 12 John. R. 257; 20 John. R. 343; 5 Wheat. R. 1; 1 U. S. Dig. tit. Courts, V.

References in periodicals archive ?
Founded and led by court martial attorney Michael Waddington, a former Army defense lawyer, the firm prides itself on its aggressive, experienced and successful team of military lawyers.
The court martial process itself been shrouded in secrecy with the military barring reporters from proceedings and refusing to release any details.
But when the new route was charted by the plotting officer, who does not face the court martial, all three defendants failed to spot the pinnacle marked on the map as 132 metres deep.
with his Newmarket nemesis Court Martial well fancied along with High Peak and Midas.
Carter in Federal Court to force her to assign a judge to the court martial.
The judge advocate ordered that the court martial trial should take place at the Aldershot Court Martial Centre on April 11.
A court martial is a legal military hearing, similar to a civilian court of law.
A BRITISH soldier was facing a court martial today over the alleged abuse of Iraqis.
A SOLDIER from north Warwickshire was facing a court martial today over the alleged abuse of Iraqi civilians.
In an effort to cool down outrage at home and in the Arab world at the treatment of Iraqi detainees, US military announces that the first court martial of a soldier accused in the affair will be held this month in Baghdad.
He said a study of the court martial dossiers by a prominent British judge and World War II veteran concluded the court martial decisions were "arbitrary, inconsistent and irregular".
Previously an officer in the Royal Navy could not be dealt with summarily and thus all charges however minor were dealt with by court martial.